Acceptable Use Policy (AUP)
The services Pangea provides to you are subject to the following AUP. Pangea
reserves the right to update the AUP at any time without notice to you. The
most current version of the AUP can be viewed by clicking on the "Acceptable
Use Policy" hypertext link on the home page of each of Pangea's
Web applications and Web sites, including this site.
In addition, you acknowledge and agree that your use of Pangea's Web
applications and Web sites is subject to posted guidelines and/or rules
applicable to the Pangea Web applications and Web sites which may be posted
from time to time. All such guidelines and/or rules are hereby incorporated by
reference into the AUP.
Through its network of Web properties, Pangea provides you with access to a
variety of Web applications and Web sites that provide you with a rich
collection of administrative tools and resources that help you document,
manage, measure, and report services, activities, and outcomes (collectively
the "Service"). By using the Service, you acknowledge and
agree that the Service may include certain communications from Pangea
including, but not limited to service announcements and administrative
messages. You acknowledge and agree that such communications are included in
the Service and as a registered User, you will receive them.
Unless expressly written and agreed by Pangea otherwise, you acknowledge and
agree that any new feature that augments or enhances the current Service shall
be subject to the AUP, without limitation. You are solely responsible for
obtaining access to the Service and such access may involve third party fees,
including but not limited to Internet service provider or airtime charges. You
are solely responsible for third party fees and for all equipment and devices
necessary for you to access the Service.
Unless agreed to expressly in writing, the Service is for your personnel and
non-commercial use. You may not modify, copy, distribute, duplicate, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, data, software, products, services, or any
other portion of the Service, use of the Service, or access to the Service, by
any means whatsoever.
See Privacy Statement disclosures relating to the collection and use of your
information. The Privacy Statement can be viewed by clicking on the "Privacy
Statement" hypertext link on the home page of Pangea's Web
applications and Web sites.
You may not use Pangea's Web applications, Web sites, or networks to engage in, foster, or promote, abusive or irresponsible behavior, including:
You will be asked to register to gain access to the Service. You registration
process by providing Pangea with current, complete information. You will also
choose a username and a password.
You acknowledge and agree that you will not share your username or password(s)
with any unauthorized person and that you - not Pangea - are solely responsible
for maintaining the confidentiality of your username and password(s). You must
take reasonable security precautions in light of your use of the Pangea
Service. You must protect the confidentiality of your password(s), and you
should change your password(s) periodically. You are solely responsible for all
activities that occur under the account affiliated with your username and
Pangea will not be held liable for any loss that you may incur as a result of
someone else using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred by Pangea or
another party due to someone else using your account or password. You may not
use anyone else's account at any time, without the expressed permission of the
In order to maintain best practices in security, you acknowledge and accept that
the Web application shall "time out" after 20 minutes if the application
detects that no information has been submitted to the database via the "Submit"
button located on select forms in the Service. You acknowledge that this
feature is required in order for Pangea and Customer to meet best practices in
security. You acknowledge and accept that the 20 minute security timeout
protects you and your client's personal information. Features within the Web
application that enable you to type text are available strictly for your
convenience and are not meant to substitute for word processing technology. It
may be more convenient for you to type text into a word processing program,
copy it, and paste it into the Service to help ensure that your data is not
lost. You acknowledge and agree that your failure to follow the aforementioned
procedures may result in loss of data and is done entirely at your own risk.
Unauthorized access to or use of data, systems, or networks, including any
attempt to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without express authorization of the
owner of the system or network;
Monitoring data or traffic on any system or network without the express written
authorization of the owner of the system or network;
Interference with service to any User of any Pangea Web application, Web site,
or network including without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks;
Interference with service to any User of any other system or network including,
without limitation, mail bombing, flooding, deliberate attempts to overload a
system and broadcast attacks;
Use of an Internet account or computer without the owner's authorization;
Collecting or using email addresses, screen names or other identifiers without
the consent of the person identified (including without limitation, phishing,
Internet scamming, password robbery, spidering, and harvesting);
Collecting or using information without the consent of the owner of the
Use of any false, misleading, or deceptive TCP-IP packet header information in
an email or a newsgroup posting;
Use of the service to distribute software that covertly gathers information
about a User or covertly transmits information about the User;
Use of the service for distribution of advertisement delivery software unless:
the User affirmatively consents to the download and installation of such
software based on a clear and conspicuous notice of the nature of the software,
the software is easily removable by use of standard tools for such purpose
included on major operating systems; or
Any conduct that is likely to result in retaliation against a Pangea owned or
controlled Web application, Web site, system, network, or Pangea's employees,
officers, or other agents, including engaging in behavior that results in a
server being the target of a denial of service attack (DoS).
A compromised Web application and/or server is potentially disruptive to
Pangea's other Web applications, networks and other customers. Therefore Pangea
may take your Web application and/or server off line if it is accessed or
manipulated by third party without your consent. You agree to:
Immediately notify Pangea of any unauthorized use of your account or any other
breach of security; and
Log off from your account at the end of each session.
Hold Pangea harmless for your failure to comply with this AUP. You acknowledge
and agree that Pangea cannot and shall not be liable for any loss or damage
arising from your failure to comply with this AUP.
These policies apply to messages sent using your Pangea service, or to messages
sent from any network by you or any person on your behalf that directly or
indirectly refer the recipient to a site or an email address hosted via your
Pangea service. In addition, you may not use a third party email service that
does not practice similar procedures for all its customers. These requirements
apply to distribution lists prepared by third parties to the same extent as if
the list were created by you. Pangea may test and otherwise monitor your
compliance with its requirements, and may block the transmission of email that
violates these provisions.
Recognizing the global nature of the Internet, you agree to comply with all
local laws and regulations regarding online conduct and acceptable content. You
shall comply entirely with all applicable laws regarding the transmission of
technical data exported from and between the United States and the country in
which you are located.
You may not attempt to probe, scan, penetrate or test the vulnerability of a
Pangea Web application, Web site, system or network or to breach Pangea's
security or authentication measures, whether by passive or intrusive
techniques, without Pangea's express written consent.
You must comply with the rules and conventions for posting to any bulletin
board, chat group, or other forum in which you participate, such as IRC and
USENET groups, including their rules for content and commercial postings. These
groups usually prohibit the posting of off-topic commercial messages, or mass
postings to multiple forums. You must comply with the rules of any other
network you access or participate in using your Pangea services.
Your intended recipients have given their consent to receive email via some
affirmative means, such as an opt-in procedure;
Your procedures for soliciting consent include reasonable means to ensure that
the person giving consent is the owner of the email address for which the
consent is given;
You retain evidence of the recipient's consent in a form that may be promptly
produced on request, and you honor your recipient's and Pangea's requests to
produce consent evidence within 72 hours of receipt of the request.
You have procedures in place that allow a recipient to revoke their consent �
such as a link in the body of the email, or instructions to reply with the word
"Remove" in the subject line; you honor revocations of consent within 48 hours,
and you notify recipients that the revocation of their consent will be
implemented in 48 hours;
You must post an email address for complaints (such as abuse@your domain.com)
in a conspicuous place on any Web site associated with the email; you must
register that address at abuse.net; and you must promptly respond to messages
sent to that address;
You have the means to track anonymous complaints; and
You may not obscure the source of your email in any manner. Your email must
include the recipients email address in the body of the message or in the "TO"
line of the email.
You may not publish or transmit via Pangea's Web applications, Web sites, networks, or equipment any content or links to any content that Pangea believes:
Content "published or transmitted" via Pangea's Web applications, Web sites,
networks, or equipment may include, but is not limited to Web content, email,
bulletin board postings, chat, and any other type of posting or transmission
that relies on the Internet.
Notices to you may be made via email. The Service may provide you with notices
to you generally via the Service.
The name Pangea Foundation and all affiliated logos, symbols, slogans, and
taglines, as well as any and all products, service names and symbols affiliated
with Pangea are trademarks of Pangea Foundation, Inc. You agree not to display,
reproduce, or use in any manner whatsoever, any and all of these proprietary
Constitutes, fosters, or promotes child pornography;
Is excessively violent, incites violence, threatens violence, or contains
harassing content or hate speech;
Is unfair or deceptive under the consumer protection laws of any jurisdiction,
including chain letters and pyramid schemes;
Is defamatory or violates a person's privacy;
Creates a risk to a person's safety or health, creates a risk to public safety
or health, compromises national security, or interferes with an investigation
by law enforcement;
Improperly exposes trade secrets or other confidential or proprietary
information of another person;
Is intended to assist others in defeating technical copyright protections;
Infringes on another person's copyright, trademark or service mark, patent, or
other property right;
Promotes illegal drugs, violates export control laws, relates to illegal
gambling, or illegal arms trafficking;
Is otherwise illegal or solicits conduct that is illegal under laws applicable
to you or to Pangea; or
Is otherwise malicious, fraudulent, or may result in retaliation against Pangea
by offended viewers.
You may not use Pangea's Web applications, Web sites, networks, or equipment to publish, distribute, download, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless:
You have been expressly authorized by the owner of the copyright for the work
to copy the work in that manner;
You are otherwise permitted by established United States copyright law to copy
the work in that manner.
Pangea may terminate the service of copyright infringers.
If you believe your copyright is being infringed by a person using a Pangea Web
application or the Pangea network, please send your written notice of copyright
Pangea Foundation, Inc.
3268 Governor Drive #181
San Diego, CA 92122
Your notice must include the following:
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single site are covered by a single
notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit Pangea to
locate the material;
Information reasonably sufficient to permit Pangea to contact you, such as an
address, telephone number, and if available, an email address;
A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, the copyright
owner's agent, or the law;
A statement that the information in the notification is accurate; and under
penalty of perjury that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Report to the appropriate authorities any conduct by you that it believes
violates applicable criminal law, and
Provide any information it has about you in response to a formal or informal
request from a law enforcement or government agency, or in response to a formal
request in a civil action that on its face meets the requirements for such a
Pangea may without notice to you, suspend the Service or remove any content
transmitted via the Pangea Service if it discovers facts that lead it to
reasonably believe the Service is being used by you in violation of this AUP.
You must cooperate with Pangea's reasonable investigation of any suspected
violation of the AUP. Pangea will attempt to contact you prior to suspension of
your Service and network access to the server(s) but prior notification is not
You are strictly responsible for the violation of this AUP, including violations
that occur due to unauthorized use of your service (but not including
unauthorized use that results from Pangea's failure to perform its obligations
under the Master Services Agreement).
Pangea may charge you its hourly rate for AUP breach recovery (currently
$250.00/hour) plus the cost of equipment and material needed to (i) investigate
or otherwise respond to any suspected violation of this AUP, (ii) remedy any
harm caused to Pangea or any of its customers by the violation of this AUP,
(iii) respond to complaints, including complaints under the Digital Millennium
Copyright Act, (iv) respond to subpoenas and other third party requests for
information as described in the Master Services Agreement, and (v) have
Pangea's Internet Protocol numbers removed from any abuse database. No credit
will be available to you for interruptions of the Service resulting from your
The Internet is still evolving, and the ways in which the Internet may be abused
are also still evolving. Therefore, we may from time to time amend this AUP in
accordance with our Master Services Agreement to further detail or describe
reasonable restrictions on your use of our services.
Please report any violations of the AUP to Pangea.
Pangea is under no duty, and does not by this AUP undertake a duty, to monitor
or police Customer activities. Pangea expressly disclaims any responsibility
for any misuse of Pangea's Web applications, Web sites, systems, or network.
Pangea disclaims any obligation to any person who has not entered into an
agreement with Pangea for services.
You must have valid and current information on file with your domain name
registrar for any domain affiliated with a Pangea Web application, or hosted on
the Pangea network.
You may only use IP addresses assigned to you by Pangea staff in connection
with your Pangea services.
You agree that if the Pangea IP numbers assigned to your account become listed
on Spamhaus, Spews, NJABL or other abuse databases, you will be in violation of
this AUP, and Pangea may take reasonable action to protect its IP numbers,
including suspension and/or termination of your Service, regardless of whether
the IP numbers were listed as a result of your actions.